Groups File Brief in Support of Lawsuit Against Ban on Wind Power

A group of 10 environmental groups filed a legal brief today in support of an effort by states and industry to overturn the Trump administration’s government-wide ban on new wind energy projects.

The amicus brief argues the court should grant the states’ and industry’s request and lift the halt on approval of wind permits immediately. Wind power benefits public health, communities, economic development, and the climate, it says.

The administration’s ban cuts “off all permitting for wind projects of all types pending completion of a vague review that has no clear purpose, timeline, or avenue for public participation,” the groups say in the filing. “By obstructing responsible wind energy development, the Wind Directive and its implementation undermine efforts to meet state climate and energy targets, while increasing reliance on fossil fuels, an outcome that carries well-documented risks to wildlife, public health, and the environment.”

Last week, attorneys general from 17 states and Washington, D.C., filed a lawsuit in the U.S. District Court for Massachusetts challenging President Trump’s presidential memorandum and its implementation, which has put a halt to federal approvals for wind projects. The Alliance for Clean Energy New York (ACE NY), a trade association that promotes clean, renewable electricity, asked to intervene in that suit last week.

On Monday, the states and ACE NY asked the court to act immediately and tell the administration to consider and process wind permits while the case plays out.

Today, the environmental groups — NRDC (Natural Resources Defense Council), Citizens Campaign for the Environment, Conservation Law Foundation, Environmental Advocates NY (represented by Earthjustice), Environmental Defense Fund, Environmental Protection Information Center, National Wildlife Federation, New York League of Conservation Voters, Sierra Club, and the Southern Environmental Law Center — filed a friend of the court brief supporting the states and ACE NY’s requests for a preliminary injunction so that permitting for wind projects would restart.

The environmental groups’ new filing notes that it “strains credulity” for the federal government to claim that it is concerned about the environmental impact of wind power. “The Agencies simultaneously are seeking to gut the federal wildlife protections that permitting processes are intended to safeguard, and to fast-track non-wind projects that kill and harm species,” the brief says.

Wind provides more than 10% of U.S. power, employing 131,000 in all 50 states. The top four wind-producing states are Texas, Iowa, Oklahoma, and Kansas. Offshore wind power is poised to take off on the East Coast, with three projects already in operation and others under construction.

Quotes:

“The administration’s ban on all wind permits is unexplained, inconsistent, and incoherent. It hamstrings a critical industry when we need it most,” said Julia Forgie, senior attorney at NRDC. “States, industry groups, and environmental groups are united in telling the court that the wind ban is clearly unlawful and should be lifted immediately.”

“Halting responsible development of wind power will harm our nation’s efforts to diversify our energy supply and maintain a reliable electric grid,” said Gudrun Thompson, senior attorney and leader of SELC’s Energy Program. “The Trump administration’s unlawful ban on wind permitting impedes the growth of this clean, abundant, domestic energy resource, and threatens jobs and economic development in the Southeast, where more than 100 companies produce components for the wind industry.”

“The Trump administration’s illegal ban on wind energy is an attack on America’s clean energy future. This ban stifles domestic energy production, kills well-paying jobs, and forces Americans to pay higher energy prices,” said Josh Berman, senior attorney at the Sierra Club. “At a time when Americans are already facing economic instability — manufactured by Trump’s chaotic and erratic administration — we need clean, affordable renewable wind energy more than ever. We urge the court to act swiftly and strike down this unlawful ban.”

“The Trump administration is slamming the brakes on wind projects that communities are counting on for affordable electricity, local investment, and clean air,” said Ted Kelly, director and lead counsel, U.S. Clean Energy at Environmental Defense Fund. “States are tapping into our nation’s vast supplies of wind because it makes good economic sense, and it’s healthier than relying on polluting oil and gas. This unlawful permitting ban is now holding people back from cheaper electricity and cleaner air. That’s why this group of states, industry, and environmental organizations are urging the court to put an end to it.”

“California’s offshore wind could provide clean, renewable power for millions of homes if responsibly developed. This administration threatens our future by weaponizing environmental laws and pushing false and misleading claims about the environmental impacts of offshore wind,” said Tom Wheeler, executive director of the Environmental Protection Information Center.

“Denying climate change doesn’t fix climate change. It defies logic that the federal government would put the brakes on a reliable, clean, safe energy technology. We need to reduce our reliance on fossil fuels and promote clean energy technologies including offshore wind so that America can breathe cleaner air, create green jobs, fight climate change, and diversify our energy sources. Our nation’s first offshore wind farm, the South Fork Wind Farm, is working extremely well and we should be building on this success,” said Adrienne Esposito, executive director of Citizens Campaign for the Environment.

“Wind power is a clean, reliable resource, with projects undergoing a well-established, science-based permitting process including robust environmental review and public input to ensure projects avoid, minimize, and mitigate impacts to wildlife and ecosystems. This legal challenge demonstrates a strong consensus that wind energy is an essential part of American energy independence, capable of delivering major environmental and public health benefits by reducing carbon emissions and improving air and water quality. The administration’s attacks on wind disregard both the legal framework and the scientific evidence behind these projects, threatening a clean, affordable, and reliable energy future,” said Jim Murphy, senior director of legal advocacy at the National Wildlife Federation.

“This sweeping and senseless wind energy ban is a direct assault on our clean energy progress,” said Julie Tighe, president of the New York League of Conservation Voters. “New York and other forward-looking states have invested heavily in wind power because it delivers cleaner air, lower emissions, good-paying jobs, and local economic benefits. Blocking these projects undermines public health and a clean energy future. The court must step in and allow this essential industry to move forward.”

“Wind plays a critical role in powering our lives, supporting a reliable and affordable electricity grid, and delivering big health and climate benefits,” said Jill Tauber, vice president of litigation for Climate & Energy at Earthjustice. “But instead of supporting the responsible development of wind power, the Trump administration is stopping wind in its tracks, while declaring a fake energy emergency, fast-tracking fossil fuel development, and dismantling environmental protections. Halting all wind project approvals indefinitely without any reasoned explanation is both arbitrary and unlawful.”

“This isn’t about permits, it’s about power. New York wants to generate it for growth. Trump wants to seize it for himself. By blocking offshore wind and the Empire Wind I project, he’s sabotaging union jobs, jeopardizing billions in investment, and selling New Yorkers out to fossil fuel donors. We joined this brief because New Yorkers don’t scare easy — and we’re sending a message: you can’t pull the plug on the future we’re building,” said Vanessa Fajans-Turner, executive director of Environmental Advocates NY.

“While President Trump pushes outdated fossil fuels, states are fighting for the affordable, clean energy we need — energy that slashes bills, cuts pollution, and is produced right here at home,” said Kate Sinding Daly, Conservation Law Foundation Senior Vice President for Law and Policy. “Wind energy already comprises a large part of our electricity mix, supporting 131,000 American jobs. The responsible deployment of wind power is not only possible, but necessary — for meeting our climate goals, ensuring cleaner air and water, and keeping up with rising electricity demand in a reliable and affordable way. This lawsuit is a powerful reminder of how state governments can stand up when the federal government fails to act in our best interest.”